CHARLESTON — A Monongalia County magistrate has been publicly admonished for violating rules of the Code of Judicial Conduct.
Phillip T. Gaujot was admonished April 25 by the state Judicial Investigation Commission after it found probable cause that Gaujot violated five rules in two separate complaints against him. Gaujot is the son of Monongalia Circuit Judge Phillip D. Gaujot.
In the first complaint, Gaujot was accused of making inappropriate comments to the media and used vulgarity to police officers in a case of a Westover man who had been charged with felony destruction of property for jumping on several police cruisers in November.
Police were frustrated at the low bond amount set by Gaujot. The magistrate also told a newspaper report he gave the defendant a low bond to ensure “the department gets restitution” and that the defendant had “taken some knocks” from police officers.
“I mean, his face was all swollen, and I was kinda like, ‘Yikes,’ that he’d kinda done, he’d paid for that,” Gaujot said in a November 7 newspaper article.
Gaujot, in a sworn statement, said he thought the interview was mostly off the record. He also alleged the newspaper misquoted him several times, but he did admit the comments he made to the reporter were inappropriate. He said he no longer talks to the press.
After the story was printed, Gaujot met with Morgantown Police Chief Eric Powell on November 8. Captain Matthew Solomon also attended.
Gaujot “loudly addressed Captain Solomon’s decision to complain to the press about the defendant’s bond,” the admonishment states, adding Solomon said Gaujot was “beligererent and shouted vulgarities” at him.
“According to the officers, respondent’s behavior was so bad that Captain Solomon left the meeting to diffuse the situation,” the filing states. “Chief Powell claimed that he also had to threaten to have respondent removed before he would calm down.”
Gaujot admitted he was “livid” and admitted to a heated verbal exchange at the start of the meeting. He denied saying the vulgarity claimed by law enforcement but admitted to telling Solomon it was “an asshole decision.”
Still, he insisted his demeanor and use of the phrase “asshole decision” were appropriate, saying it was “just men being blunt in an attempt to work through their differences.”
In the second complaint against Gaujot, Preston County Sheriff’s Captain Travis Tichnell investigated a single-vehicle crash that injured several children. The mother and another adult were charged with felony gross child neglect with risk of serious injury. When the mother was released from a Monongalia County hospital, she was brought to Gaujot for arraignment.
The Preston County Prosecuting Attorney requested bond of $250,000, but Gaujot thought she should be given a personal recognizance bond. Tichnell was insistent Gaujot set the bond requested by the prosecutor, and he threatened to dismiss the charges to refile later if the PR bond was set.
“Tichnell also threatened respondent with going to the press and filing a judicial ethics complaint,” the filing states. “According to Captain Tichnell, respondent repeatedly responded in a vulgar manner.”
In his sworn statement, Gaujot said Tichnell was emotional and wouldn’t let Gaujot speak. He said Tichnell’s tone, demands and threats were out of line. He did admit swearing at Tichnell and his conduct was inappropriate.
After the complaints against Gaujot were received, the Judicial Disciplinary Counsel received four letters of support for him – three from defense attorneys and one from a bail bondsman. He admitted asking them to write the letters on his behalf and that they regularly appear before him in his court. He said he didn’t think his position put any pressure on the lawyers to write the letters or that it gave any public impression of a lack of impartiality.
The JIC unanimously found probable cause that Gaujot violated the Code of Judicial Conduct, including compliance with the law, confidence in the judiciary, avoiding abuse of the prestige of judicial office, decorum, demeanor and communication with jurors as well as judicial statements on pending and impending cases.
But, the JIC also said formal discipline was not required as Gaujot had no prior disciplinary actions.
“A judge must have a thick skin,” the JIC admonishment states. “Not everyone will agree with the decisions that judges must make in cases on a daily basis. There will always be at least one party who will disagree with the decision, and they are free to openly criticize the judge if they so choose.
“However, judges are constrained by the rules from replying to criticisms and shall not do so when they involve a matter that is pending or impending in any court.”
The filing also said judicial temperament is “an absolute requirement.”
“Not only does a judge set the tone of his/her courtroom, but he/she in large part owes his/her reputation to acts of courtesy, civility and consideration,” the filing states. “Judges must also realize that how people view the judge is how they view the court system as a whole. In order to gain respect, a judge must give respect even in difficult circumstances.
“Judges are often perceived as the most powerful person in his/her county. In other words, the balance of power is never equal when a judge is involved and it is usually heavily tipped in his/her favor. Therefore, a judge must at all times take into consideration how he/she is viewed by his/her opponent before commenting.
“A simple negative comment by a judge may be viewed by his/her opponent as a threat. Therefore, judges should choose their words wisely. Respondent failed to follow these precepts.”
Gaujot has 14 days after receiving the admonishment to file a written objection. Otherwise, the formal charges will be filed with the state Supreme Court, according to the filing signed by JIC Vice Chairman F. Layton Cottrill.
The complaints were filed, respectively, by Monongalia Circuit Judge Cindy Scott and Tichnell
Gaujot was elected as magistrate in 2020 and took office on January 1, 2021. He graduated from the John Marshall law school in Georgia, but is not licensed to practice law. He is the son of Monongalia Circuit Judge Phillip D. Gaujot.
Judicial Investigation Commission complaint numbers 130-2021 (Scott) and 131-2021 (Tichnell)
